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HomeMy WebLinkAbout1980-12-02 OrdinanceORDINANCE NO. 80-3013 AN ORDINANCE AMENDING CHAPTER 7, ANIMALS AND FOWL, OF THE CODE OF ORDINANCES OF IOWA CITY SECTION 1. PURPOSE. The purpose of this amendment is to revise the provisions regulating animals and fowl, by providing standards regarding the treatment, control and licensing of animals within the City. SECTION 2. AMENDMENT. Chapter 7 of the Code of Ordinances is hereby amended to read as follows: ARTICLE 1. IN GENERAL Sec. 7-1. Reporting disease. Any person having knowledge of the presence of any disease among animals capable of being communicated to man, shall immediately report that fact, together with the street and number of the premises at which the animals are kept, to the county health officer. Sec. 7-2. Cruelty to animals. i No person shall abuse, torture, torment, mutilate, overwork, overload, beat or unnecessarily kill any animal; or fail to provide any animal with adequate food, water, exercise, sanitation, space, indoor and outdoor shelter, or veterinary care; or abandon; or carry or cause to be carried any.animal in or upon any vehicle in a cruel manner; or commit any other act, or omission by which unjustifiable pain, distress, suffering, or death is caused or permitted to any animal. The terms of this section are defined as follows: 1. ABANDON shall mean to cease to provide control over, and shelter, food, and water for an animal without having provided that such care, custody, and physical control of such animal has been transferred to another person, with 1 the knowledge and consent of that person. 2. ADEQUATE FOOD shall mean providing at suitable intervals of not more than twenty-four (24) hours if the dietary requirements of the species so require, a quantity of wholesome MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES \, m Ordinance No. 80-3013 Page 2 food stuff, suitable for the physical condition and age of the animal, served in a clean receptacle or container, sufficient to maintain an adequate level of nutrition for I such animal. 3. ADEQUATE OUTDOOR SHELTER shall mean a structurally sound and weather-proof shelter which provides access to shade from direct sunlight and regress from exposure to weather conditions. 4. ADEQUATE INDOOR SHELTER shall mean a properly ventilated and illuminated facility, sufficiently regulated by heating or cooling to Protect the animal from extremes of temperature, and to provide for its health and comfort. 5. ADEQUATE SANITATION shall mean periodic cleaning or sanitizing of primary enclosures and housing facilities to remove excreta and other waste materials and dirt, so as to minimize health hazards, flies, or odors. 6. ADEQUATE SPACE shall mean primary enclosures and housing facilities shall be constructed and maintained so as to provide sufficient space to allow each animal to make normal postural and social adjustments with adequate freedom of movement to maintain physical condition. Inadequate space may be indicated by evidence of mal -nutrition, poor condition, debility, stress, or abnormal behavior patterns. 7. ADEQUATE VETERINARY CARE shall mean that a sick, diseased, or injured animal shall be provided with a proper program of care by a veterinarian, or humanely euthanized. 8. ADEQUATE WATER shall mean reasonable access to a supply of clean, fresh, potable water, provided in a sanitary manner. If potable water is not accessible to the animal at all times, it shall be provided daily, for such duration and of sufficient quantity as necessary for the animal's health and comfort. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Ordinance No. 80-3013 Page 3 Sec. 7-3. Poisoned meat. No person shall expose any poisoned meat or other Poisoned substances on public or private property where the same may be taken by any human being or domestic animal. Sec. 7-4. Livestock running at large. No person shall permit or suffer any cattle, horses, goats, swine, sheep, . fowl or other, livestock under his or her control to run at large. The City shall cause such animals, except pet animals, to be impounded in an appropriate place at the cost of the owner. Sec. 7-5. Traps. No person shall trap or attempt to trap any animal with other than a humane, live trap. Excepted from this prohibition are instant kill traps for the purpose of small rodent pest control. Sec. 7-6. Disposition of animals on public property. No person shall sell, offer for sale, barter, give away or dispose of any live animal upon any -public property. Sec. 7-7. Animals as prizes. No person shall offer to give or give any live animal as a gift or prize for any contest or other competition, or as a business inducement or promotion. Sec. 7-8. Animal defined. For the purposes of this chapter an animal shall mean any living creature, domestic or wild, except a human being. Secs. 7-9-- 7-16. Reserved. ARTICLE II. PETS. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES ■ 'I i Ordinance No. 80-3013 Page 3 Sec. 7-3. Poisoned meat. No person shall expose any poisoned meat or other Poisoned substances on public or private property where the same may be taken by any human being or domestic animal. Sec. 7-4. Livestock running at large. No person shall permit or suffer any cattle, horses, goats, swine, sheep, . fowl or other, livestock under his or her control to run at large. The City shall cause such animals, except pet animals, to be impounded in an appropriate place at the cost of the owner. Sec. 7-5. Traps. No person shall trap or attempt to trap any animal with other than a humane, live trap. Excepted from this prohibition are instant kill traps for the purpose of small rodent pest control. Sec. 7-6. Disposition of animals on public property. No person shall sell, offer for sale, barter, give away or dispose of any live animal upon any -public property. Sec. 7-7. Animals as prizes. No person shall offer to give or give any live animal as a gift or prize for any contest or other competition, or as a business inducement or promotion. Sec. 7-8. Animal defined. For the purposes of this chapter an animal shall mean any living creature, domestic or wild, except a human being. Secs. 7-9-- 7-16. Reserved. ARTICLE II. PETS. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES ■ 1 Ordinance No. 90-3013 Page 4 DIVISION 1. GENERALLY. Sec. 7-17. Definitions. The following definitions shall apply when used in this article, unless the context indicates otherwise: I. DEFILEMENT shall mean to foul, dirty, pollute, or make filthy, either by the pet animal's body or wastes or by the animal carrying or dragging any foul material. 2. GUARD/ATTACK DOG shall mean a dog which is trained to attack persons upon the command of its master or custodian, or upon the actions of an individual. 3. KENNEL or CATTERY shall mean a place maintained for the business of boarding, raising, rearing, training, 'or sale of dogs and cats. 4. LEASH shall mean a rope, line, thong, chain, or other similar restraint not more than six (6) feet in length which is of sufficient strength to hold the animal in check. 5. MOLEST shall include not only biting and scratching, but also any annoyance, interference with, or meddling with any person so as to trouble or harm him/her. 6. MUNICIPAL POUND shall mean any public animal shelter or pound established or maintained by the city which may include any private or charitable organization or facility leased by the city or with whom the city has a contractual agreement for impoundment services. 7. OWNER shall, in addition to its ordinary meaning, include any person who keeps or harbors an animal. 8. PET ANIMALS shall include all warm-blooded animals, except birds, animals of the equine species, and those raised for food purposes, within the city limits. MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS - DES MOINES i I. �I i V , Ordinance No. 90-3013 Page 4 DIVISION 1. GENERALLY. Sec. 7-17. Definitions. The following definitions shall apply when used in this article, unless the context indicates otherwise: I. DEFILEMENT shall mean to foul, dirty, pollute, or make filthy, either by the pet animal's body or wastes or by the animal carrying or dragging any foul material. 2. GUARD/ATTACK DOG shall mean a dog which is trained to attack persons upon the command of its master or custodian, or upon the actions of an individual. 3. KENNEL or CATTERY shall mean a place maintained for the business of boarding, raising, rearing, training, 'or sale of dogs and cats. 4. LEASH shall mean a rope, line, thong, chain, or other similar restraint not more than six (6) feet in length which is of sufficient strength to hold the animal in check. 5. MOLEST shall include not only biting and scratching, but also any annoyance, interference with, or meddling with any person so as to trouble or harm him/her. 6. MUNICIPAL POUND shall mean any public animal shelter or pound established or maintained by the city which may include any private or charitable organization or facility leased by the city or with whom the city has a contractual agreement for impoundment services. 7. OWNER shall, in addition to its ordinary meaning, include any person who keeps or harbors an animal. 8. PET ANIMALS shall include all warm-blooded animals, except birds, animals of the equine species, and those raised for food purposes, within the city limits. MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS - DES MOINES i 0 Ordinance No. 80-3013 Page 5 9. PRIVATE PROPERTY shall mean all buildings and other property owned by.a private person. It shall include buildings, yards, and service and parking areas. 10. PUBLIC PROPERTY shall mean buildings and other property owned or dedicated to the use of the city, the state, Johnson County, Iowa, or the United States government, wherein the authorized representative has granted the city jurisdiction thereof, or any governmental subdivision of the city, state, county, or U.S. government, or any governmental organization established by the city, state, county or U.S. government. Such property shall include but not be limited to buildings, grounds, yards, street rights-of-way, walks, bicycle paths, easements, parks, service areas, open areas, athletic and recreational areas, riverbanks, parking areas and ramps, boulevards, and any other real estate owned by a governmental unit. 11. VETERINARIAN shall mean a person duly licensed by the state to practice veterinary medicine. 12. VETERINARY HOSPITAL shall mean an establishment regularly maintained and operated by a veterinarian for the diagnosis and treatment of diseases and injuries to animals and which may board animals. Sec. 7-18. Owner's responsibility. The owner of a pet animal shall be responsible for the obtaining of licenses and the care and control of any such animal awned by him/her as defined in section 7-19 of this article. The owner shall be prima facie responsible for any violation of Section 7-20 of this article by any animal owned by him/her. Sec. 7-19. Nuisances. The following acts and circumstances are hereby declared to be nuisances and therefore prohibited. 1. The keeping of a pet animal or animals on private property in such number or in such manner that allows for the accumulation of solid waste of such animal which becomes a MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES i Ordinance No. 80-3013 Page 6 detriment to or menace to the health of the animal. 2. Allowing any dog to habitually bay or bark or any cat to habitually screech, yell or make a sound of any kind or nature for prolonged periods in such manner as to unreasonably disturb the peace and quiet of the vicinity. 3. Allowing a pet animal to cause any damage or defilement to public or private property. 4. Allowing a pet animal to molest any person on public or private property who has a legitimate reason to be thereon. 5. Allowing a pet animal to molest or kill wildlife, birds or domestic animals on public or private property. Sec. 7-20. Prohibitions and requirements. a. At large. No pet animal shall be found at large within the city at any time. A properly licensed animal shall not be deemed at large if: 1. It is on the premises of the owner; or 2. It is on the premises of another person with the knowledge and consent of that person; or 3. It is under the control of a person competent to restrain the animal, either by leash or properly restrained within a motor vehicle, or enclosed within a structure. b. Notwithstanding the provisions of subsection (a), any pet animal shall be deemed at large at any time when attacking persons, domestic animals, destroying property, or on any public property except when under restraint as set out in Paragraph (3) of subsection (a). Furthermore, any female pet in heat shall be deemed at large at any time except: 1. When housed in a building which is completely enclosed; or MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES a�48 i 1 Ordinance No. 80-3013 Page 6 detriment to or menace to the health of the animal. 2. Allowing any dog to habitually bay or bark or any cat to habitually screech, yell or make a sound of any kind or nature for prolonged periods in such manner as to unreasonably disturb the peace and quiet of the vicinity. 3. Allowing a pet animal to cause any damage or defilement to public or private property. 4. Allowing a pet animal to molest any person on public or private property who has a legitimate reason to be thereon. 5. Allowing a pet animal to molest or kill wildlife, birds or domestic animals on public or private property. Sec. 7-20. Prohibitions and requirements. a. At large. No pet animal shall be found at large within the city at any time. A properly licensed animal shall not be deemed at large if: 1. It is on the premises of the owner; or 2. It is on the premises of another person with the knowledge and consent of that person; or 3. It is under the control of a person competent to restrain the animal, either by leash or properly restrained within a motor vehicle, or enclosed within a structure. b. Notwithstanding the provisions of subsection (a), any pet animal shall be deemed at large at any time when attacking persons, domestic animals, destroying property, or on any public property except when under restraint as set out in Paragraph (3) of subsection (a). Furthermore, any female pet in heat shall be deemed at large at any time except: 1. When housed in a building which is completely enclosed; or MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES a�48 Ordo-once No. 80-3013 n Page 7 2. When housed in a veterinary hospital or boarding kennel licensed or registered with the State of Iowa; or 3. When on the premises of the owner, Provided the area on which such animal is located is completely enclosed by a fence or other structure having a height of at least sixty (60) inches;.or 4. When under the control of a person competent to restrain the animal, either by leash or properly restrained within a motor vehicle. C. Private property. No pet animal shall be taken, allowed, or permitted on private property not owned by the owner of the animal without the permission of the person owning such property or the person in charge thereof. d. Food, establishments. No pet animal shall be allowed, taken, or, permitted on or in any building, store, restaurant, or tavern where food or food products are sold, prepared, or dispensed to people other than the owners thereof. This provision shall not apply to property wherein food is sold in stands or shelters such as fairs or circus carnivals or the like, when the owner or person in charge of the grounds generally allows animals on the premises. e. Tying animals. No pet animal or livestock shall be tied by any person to a utility pole, parking meter, building, structure, fence, sign, tree, shrub, bush, or other object on public property, or tied on private property without the consent of the owner or person in charge thereof, or tied in such a manner as to intrude onto a public sidewalk or street. f. Solid waste removal. Any person who shall walk a pet animal on public or private property shall provide for the disposal of the solid waste material excreted by the animal by 1 I immediate removal of the waste. j g. Exceptions. The provisions of this section shall not apply to dogs used to guide the visually impaired while such dogs are acting I n such capacity. MICROFILMED BY n JORM MICR+LAO '+ CEDAR RAPIDS • DES MOINES N a�4s i Ord.—ince No. 80-3013 Page 8 Sec. 7-21. Vicious animals. a. It shall be unlawful for any person to harbor or keep a vicious animal within the city. An animal is deemed to be vicious when it shall have attacked or bitten any person without provocation, or when propensity to attack or bite persons shall exist and -such propensity is known to the owner, or ought reasonably be known to the owner thereof. This subsection shall not apply to guard and/or attack dogs, providing adequate safeguards are established to protect those persons legally on the premises, and the dog is registered as a guard/attack dog with the city. b. If any animal is accused as being vicious, as defined in subsection (a), whether at large or restrained on private property, the city . manager or his/her designee(s) may set a public hearing on the destruction of such animal. Pending such public hearing, the animal shall be impounded in the municipal shelter or, upon request by the owner, at a veterinary hospital at the owner's expense. Should the animal be held at a veterinary. hospital, release of said animal without written authorization of the shelter supervisor is prohibited. C. The public hearing shall be conducted pursuant to the Iowa City Administrative Code. d. If the city manager or his/her designee(s) i determine that the animal is a vicious animal and that the owner has failed to restrain such animal reasonably and that it is in the public interest to destroy such animal, the animal shall be destroyed in a humane manner after five days unless the determination is appealed to a court of competent jurisdiction. 1 Sec, 7-22. Shelter or pound. a. Any public or municipal pound or shelter established and maintained by the city shall \1 be conducted and operated by the animal control personnel, under the supervision, direction and control of the city manager. MICROFILMED BY DORM MICR+LAB ' CEDAR RAPIDS • DES MOINES it Ordi...nce No. 80-3013 Page 9 b. It shall be the duty of the animal control officers to enforce the provisions of this chapter, and to impound any pet animal found running at large contrary to the provisions of this chapter. The animal control personnel shall provide adequate and wholesome food for animals impounded and shall provide careful and humane treatment toward such animals and shall provide for humane destruction of animals as provided in this chapter. C. The animal control personnel are designated as the official agents of the city for the purpose of issuing city dog and cat licenses and collecting fees therefor pursuant to the --- - provisions of this chapter. As d. leaserav r contract the hwith city ysome enter regularly incorporated society organized for the express purpose of prevention of cruelty to animals for the use of its facilities for the restraining and impounding of animals J consistent with the provisions in paragraphs (a) and (b) of this section. Section 7-23. Releasing or molesting animals. No person, except the owner of a pet animal or his/her authorized agent, shall willfully open any door or gate on any private or public premises for the purpose of enticing or enabling any such animal to leave such private or public premises. Nor shall any person willfully molest, tease, provoke, or mistreat a pet animal. Sec. 7-24. Interference with agent. i No person shall willfully interfere with, molest, I or injure an agent of the city authorized to enforce the provisions of this article, or seek to release any animal properly in the custody of such authorized agent. ! Secs. 7-25 - 7-31. Reserved. DIVISION 2. IMPOUNDMENT i i all? MICROFILMED BY JORM MICR+LA9 1 . ! CEDAR RAPIDS • DES MOINES Ordi..ance No. 80-3013 Page 10 Sec. 7-32. Authorized. Any pet animal found in violation of the provisions of this article may be impounded by the city in the pound or shelter as provided by section 7-22. i Sec. 7-33. Registry of impounded animals. a. The person authorized to impound pet animals, upon receiving any pet animal pursuant to this chapter shall make a complete registration for such animal, entering the date, species, breed, color, and sex of such animal any tattoo number, and whether licensed. If such animal is licensed, he/she shall enter the name and address of the owner and the number of the license tag. b. The registry of impounded pet animals shall be available for inspection during reasonable hours by the owners of animals not wearing the tag required by this article when impounded. Sec. 7-34. Notice to owner. Not later than two (2) days after the impounding of any pet.animal, the owner, if known, shall be notified of such impoundment, Sec. 7-35. Redemption - Generally. The owner of any pet animal impounded pursuant to this chapter may reclaim such animal upon: proof of current license and rabies innoculation, payment of the redemption fee set by the city council, and payment of all costs and charges incurred by the city or the agency authorized by the city council to impound such pet animal, including the maintenance of such pet animal. Sec. 7-36. Redemption - Fees. Fees for the boarding of pet animals impounded at the municipal pound of the city shall be set by the city council. Impoundment charges shall also be set by the city council. The charges established pursuant to this section shall be in addition to any fine or penalty that may be enforced against the owner for violating the provisions of this chapter. MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES ............. . H 1 Ordl... nce No, 80-3013 Page 11 Sec. 7-37. Redemption - Licensing and vaccination prerequisite to release of animals six months or older. If a pet six (6) months of age or older which is unlicensed is impounded, the person to whom the animal is released shall purchase a license for such animal and show proof of current rabies vaccination or purchase a rabies vaccination receipt in order to obtain the release of the animal. Sec. 7-38. Redemption - Disposal upon owner's failure to redeem. It shall be the duty of the animal control personnel to keep all animals impounded pursuant to this article for a period of four (4) days after the owner has been notified as provided herein. If after four (4) days following receipt of notice by the owner either by certified mail or in person of the impounding of the owner's animal, the owner thereof has failed to claim and redeem any such impounded animal as provided in this article, such animal may be adopted, transferred to any state institution pursuant to the provisions and for the purposes of Chapter 351A of the Code of Iowa, or humanely killed and disposed of. Sec. 7-39. Confinement of animals suspected of having rabies when impounded; tests. Any pet animal which appears to be suffering from rabies when impounded shall be confined in the pound or a veterinary hospital for a period of not less than ten (10) days; and such animal or its carcass if it dies, shall be subject to such reasonable veterinary or pathological tests as the city determines; which tests, if any, shall be conducted at the expense of the owner. Secs. 7-40 - 7-46. Reserved. DIVISION 3. RABIES AND DISEASE CONTROL Sec. 7-47. Isolation and quarantine of suspect animals. a. It shall be the duty of the person authorized to impound pet animals in the city to cause to MICROFILMED BY JORM MICR4?LAB CEDAR RAPIDS • DES MOINES ■ i Ordl... nce No, 80-3013 Page 11 Sec. 7-37. Redemption - Licensing and vaccination prerequisite to release of animals six months or older. If a pet six (6) months of age or older which is unlicensed is impounded, the person to whom the animal is released shall purchase a license for such animal and show proof of current rabies vaccination or purchase a rabies vaccination receipt in order to obtain the release of the animal. Sec. 7-38. Redemption - Disposal upon owner's failure to redeem. It shall be the duty of the animal control personnel to keep all animals impounded pursuant to this article for a period of four (4) days after the owner has been notified as provided herein. If after four (4) days following receipt of notice by the owner either by certified mail or in person of the impounding of the owner's animal, the owner thereof has failed to claim and redeem any such impounded animal as provided in this article, such animal may be adopted, transferred to any state institution pursuant to the provisions and for the purposes of Chapter 351A of the Code of Iowa, or humanely killed and disposed of. Sec. 7-39. Confinement of animals suspected of having rabies when impounded; tests. Any pet animal which appears to be suffering from rabies when impounded shall be confined in the pound or a veterinary hospital for a period of not less than ten (10) days; and such animal or its carcass if it dies, shall be subject to such reasonable veterinary or pathological tests as the city determines; which tests, if any, shall be conducted at the expense of the owner. Secs. 7-40 - 7-46. Reserved. DIVISION 3. RABIES AND DISEASE CONTROL Sec. 7-47. Isolation and quarantine of suspect animals. a. It shall be the duty of the person authorized to impound pet animals in the city to cause to MICROFILMED BY JORM MICR4?LAB CEDAR RAPIDS • DES MOINES ■ Ordi,..,nce No. 80-3013 Page 12 n, 0 be placed in isolation and under quarantine for observation for a minimum period of ten (10) days any such animal suspected of being infected with rabies or other diseases communicable to humans or any animal that has bitten or caused a skin abrasion upon any person in the city. Such isolation and quarantine shall be either at the municipal pound authorized by the city or in a veterinary hospital, except that if such animal is properly licensed and is currently vaccinated against rabies it may be placed in the custody of the owner on the owner's premises during the isolation and quarantine period if the owner resides in the city. When isolation and quarantine is authorized on the owner's premises, it will be at ,the discretion of and under the direct supervision of the city. The expense of isolation and quarantine at a veterinary hospital will be borne by the owner. If the animal is placed in isolation and under quarantine in the animal shelter authorized by the city, a charge to the owner, as set by resolution of the city council, shall be made. Every owner or person having possession, custody, or control of an animal which is known to be rabid or which has been bitten by an animal infected with rabies shall immediately report such fact to the city and shall have such animal placed in isolation and quarantine as directed by the city for such period as may designated and at the expense of the owner. 7-48. Required reports. Physicians. It shall be the duty of every physician or other practitioner in the city to make written report to the city of the name and address of persons treated for bites inflicted by animals, together with such other information as will assist in the prevention of rabies. Veterinarian. It shall be the duty of every veterinarian in the city to report to the city any diagnosis of rabies in an animal made by him/her or under his/her supervision. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES m a►91 Ordl.._nce No, 80-3013 Page 13 C. Owners and others having knowledge of bites. It shall be the duty of the owner of any animal or any person having knowledge of such animal biting or causing a skin abrasion upon any person in the city to promptly report such fact to the city. Sec. 7-49. Proclamation. Whenever it becomes necessary to safeguard the public from the dangers of rabies, the city council may issue a proclamation ordering every owner of a pet animal to confine the same securely on the owners premises at all times for such period of time as is deemed necessary. Secs. 7-50 - 7-56. Reserved. - DIVISION 4. LICENSING AND VACCINATION Sec. 7-57. Licenses Required. a. Every owner of a dog or cat over the age of six months of age, or of a dog or cat under six months that is no longer with its dam, shall procure a city dog or cat license for each calendar year from the city before the first day. of March of the calendar year for which the license is in effect, or within thirty days after such dog or cat reaches the age of six months of age, or if under six months of age and is no longer with its dam, or if i brought into the city. b. After March 1st of each license year, delinquent license fees as determined by the City Council shall be assessed in addition to the annual license fee except in those cases where by reason of residence outside the corporate limits, age, or ownership, the dog I or cat was not subject to licensing during the period from January 1st to the date of appliwherecation dog ora for license. In those cat b comes subjecttoathe terms of this section after February 1st of any license year, the license fee shall become due and payable within thirty days after the date that such dog or cat becomes subject to the terms of this chapter. After thirty days, the owner shall pay the delinquent license fee MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ■ Ordi,.ance No. 80-3013 Page 14 of ($15) fifteen dollars in addition to the annual license fee. C. All licenses, regardless of date of issue, expire on December 31st of the year the license was in effect. d. The license fee for the license required under this division shall be set by resolution of the city council. e. At the time of making application for a city license, the owner shall furnish to the city a veterinarian's certificate showing that the dog or cat for which the license is sought has been vaccinated and that such vaccination has not expired. In order to take advantage of the lower rate for neutered animals, the owner shall, at the time application is made for a dog or cat license, present a certificate of neutering signed by a veterinarian containing a description of the animal, its call name, and date of neutering if known. Such certificate may be used in subsequent annual license applications. Upon payment of the license fee established pursuant to this division, the city shall issue to the owner a license which shall contain the name of the owner, his place of residence, and a description of the dog or cat. The city shall keep a duplicate of each license issued as a public record. If the animal to be licensed is a guard/attack dog, as defined in this chapter, the owner shall include such fact on the license application. f. The owner of a dog or cat less than six months of age which is no longer with its dam, but which is too young to be immunized, shall be issued a temporary city license upon application to the city and payment of the regular fee. Such temporary license shall automatically expire seven months from the date of birth of the dog or cat unless the owner shall furnish to the city a veterinarian's certificate showing that the dog or cat has been immunized. If such certificate is furnished prior to the time such dog or cat reaches seven months of age, the temporary license shall automatically become a regular annual license. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES j i I I i Ordi,.ance No. 80-3013 Page 14 of ($15) fifteen dollars in addition to the annual license fee. C. All licenses, regardless of date of issue, expire on December 31st of the year the license was in effect. d. The license fee for the license required under this division shall be set by resolution of the city council. e. At the time of making application for a city license, the owner shall furnish to the city a veterinarian's certificate showing that the dog or cat for which the license is sought has been vaccinated and that such vaccination has not expired. In order to take advantage of the lower rate for neutered animals, the owner shall, at the time application is made for a dog or cat license, present a certificate of neutering signed by a veterinarian containing a description of the animal, its call name, and date of neutering if known. Such certificate may be used in subsequent annual license applications. Upon payment of the license fee established pursuant to this division, the city shall issue to the owner a license which shall contain the name of the owner, his place of residence, and a description of the dog or cat. The city shall keep a duplicate of each license issued as a public record. If the animal to be licensed is a guard/attack dog, as defined in this chapter, the owner shall include such fact on the license application. f. The owner of a dog or cat less than six months of age which is no longer with its dam, but which is too young to be immunized, shall be issued a temporary city license upon application to the city and payment of the regular fee. Such temporary license shall automatically expire seven months from the date of birth of the dog or cat unless the owner shall furnish to the city a veterinarian's certificate showing that the dog or cat has been immunized. If such certificate is furnished prior to the time such dog or cat reaches seven months of age, the temporary license shall automatically become a regular annual license. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Ord).., nce No. 80-3013 Page 15 9• Upon issuance of the license, the city shall deliver or mail to the owner a metal tag stamped with the number of the license and the year for which it is issued. Sec. 7-58. Exceptions. The licensing provisions of this chapter shall not be intended to apply to dogs or cats whose owners are nonresidents temporarily within the city, j kennel dogs which are kept or raised in facilities licensed pursuant to Chapter 162 of the 1977 Code Of Iowa solely for the bona fide. purpose of sale and which are kept under constant restraint, to dogs or cats brought into the city for the purpose of participating in any dog or cat show, or to dogs properly trained to assist visually impaired per;ons for the purpose of aiding them in going from place to place and providing such dogs are kept restrained on the owner's premises, under supervision or control at all times, or under leash at all times. Sec. 7-59. Display of tag. a. Every pet animal shall wear the tag provided whenever such animal is off the property of its owner or not within a motor vehicle. b. Any method may be used to attach the tag to the animal such as a collar or other suitable device. Sec. 7-60. Transfer on change of ownership. When the permanent ownership of a dog or cat is transferred, the new owner shall within thirty days from the date of change of ownership make application for a new license as provided in Sec. 7-57 regardless of whether or not the dog or cat was previously licensed. Sec. 7-61. Duplicate tag. Upon the filing of an affidavit that the license has been lost or destroyed, the owner may obtain another tag upon payment of a fee set by the council. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ■ r 01 lance No. 80-3013 Paye 16 Sec. 7-62. Removal of license tags. It is unlawful for any person who is not the owner or the agent of such owner or an employee of the city or its agent acting in an official capacity to remove a license tag from a dog or cat prior to the expiration of the license. SECTION 3. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 2nd day of December, 1980. ATTEST: MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES RECEIVED & APPROM R'6 LECAL DEPAfiTI{.;.., S /n —3d -try 1 i Sec. 7-62. Removal of license tags. It is unlawful for any person who is not the owner or the agent of such owner or an employee of the city or its agent acting in an official capacity to remove a license tag from a dog or cat prior to the expiration of the license. SECTION 3. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 2nd day of December, 1980. ATTEST: MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES RECEIVED & APPROM R'6 LECAL DEPAfiTI{.;.., S /n —3d -try it was moved by synch , and seconded b _ that the Ordinance as rea e a np et and upon roll call there were: AYLSk NAYS:- ABSENT: x -- ......... BALMER x EROAHL x_ LYNCH i x NEIHAUSER x— PERRET xROBERTS i x VEVERA First consideration xxxxxxxxxxx Vote for passage: Second consideration xxxxxxxxxxx Vote for passage: Moved by Vevera, seconded by Lynch, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings Prior to the meeting at which it is to be finally passed be suspended, the first and second consider— ation and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Lynch, Perret, Roberts, Vevera, Balmer, Erdahl. Nays: None. Absent: Neuhauser Date of publication 12/10/80 I i i i I I